Evidence-Wellborn SU2006 Outline

Greens sister going to testify that there was this

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Unformatted text preview: Judge getting confused by the cases listed in Footnote 15 these are just cases where the officer said something concerning cases about which he was involved in but the government didn't specifically make that statement and manifest belief in his action the way the government did here! o But even so, these cases aren't 801(d)(2)(B) cases, they are 801(d)(2)(D) cases and they should come in under 801(d)(2)(D)! However, see note 4...employment rule is different for the government...Wellborn can't come up with a good reason for this!!! Note 4: Courts have disagreed as to whether out-of-court statements by government agents are admissible against the prosecution in criminal case under Rule 801(2)(D)'s agency exception. o In Texas these 801(2)(D) statements come in when made by a government agent no good reason why the government should be treated any differently from any other employer with respect to its employee's statements so as to be able to keep these out! Notes 1 3 on page 139: Admission by silence concept Theory is that in some circumstances a p...
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